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Title of bill
An act to amend the penal law, in relation to reckless endangerment in the first degree
Purpose
To include jumping from a height of fifty feet from any edifice without prior written permission in a city of one million or more in reckless endangerment in the first degree.
Summary of provisions
Section 1 of this bill amends section 120.25 of the Penal Law to provide that it will be a circumstance showing depraved indifference to human life if a person jumps from a height of fifty feet from any edifice without prior written permission from the owner of the building and from the city. Written permission from the city is defined as a resolution or a local law approved by the city council, or a permit, license or written instrument validly issued granting such permission from the office of the mayor of that city, for which the city may charge a fee.
Section 2 of this bill provides this act shall take effect on the thirtieth day after it shall have become a law.
Justification
In September 2013, James Brady, Andrew Rossig, and Marko Markovich, parachuted off the 1 World Trade Center tower, endangering passersby below. The Manhattan District Attorney's Office brought a case against these three men, and the only felony they could be charged with was Burglary in the Third Degree. These three men were also charged with three misdemeanor counts and one violation of the New York City Administrative Code. Following a week-and-a-half trial, a jury found the three defendants guilty of the misdemeanor counts but acquitted on the sole felony charge. Manhattan District Attorney's Office Showing No Leniency in Daredevil Cases, N.Y. Times, Jun. 24, 2014, at A18.
When these men were sentenced, Justice Marchan stated that there was a gap in New York state law that needs to be closed because currently, jumping is only a minor offense. Justice Marchan stated that the current punishments were not appropriate for the severity of this case. World Trade Center Parachutists Avoid Jail Time, Wall St. Journal, Aug. 10, 2015, http://www.wsj.com/articles/world-trade-center- parachutists-avoid-jail-time- 1439235784. Brady, Rossig, and Markovitch were sentenced to 200 hours of community service and were fined $2,000 each.
It was clear that none of the three men appreciated the gravity of what they did, and they did not consider the safety of anyone below. It is paramount that we close the loophole in this law to protect New Yorkers from these wanton acts.
Legislative history
New Bill
Fiscal implications
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.